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(영문) 춘천지방법원 2017.09.26 2017고정283
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of F Co., Ltd. in Hongcheon-gun E, and the victim G is a person engaged in the repair work of machinery.

1. On October 22, 2016, the defrauded Defendant called the victim G at an insular place on October 22, 2016 and paid the price to the victim G, “F f f f f f f f f f f f f f f f f f f f f f f f

“.....”

However, in fact, the Defendant had a debt equivalent to approximately KRW 3.3 billion at the time, and the Defendant’s management’s debt incurred by the Defendant’s management and eventually, on December 8, 2016, there was no intention or ability to pay the price even if the victim accepted the machinery, such as rehabilitation application filed with the Seoul Central District Court.

The Defendant: (a) by deceiving the victim as above; and (b) had the victim repaired rice tea machinery from around 29th of the same month to around 31th of the same month; (c) did not pay 2 million won for the repair price of machinery to the victim; and (d) acquired the pecuniary benefits equivalent to the same

2. On October 31, 2016, the Defendant of fraud around October 31, 2016: (a) around October 31, 2016, at the F office of the F office of the said F office, “The Defendant is unable to keep the check, ask the Defendant to lend money to the Victim G; (b) including up to two million won of the repair cost, thereby calculating the interest in five copies.

First of all, on January 14, 2017, the due date for payment was the one million won check ( check number: H) and the one borrowed money.

However, in fact, the Defendant had a debt equivalent to approximately KRW 3.3 billion at the time, and the said check was presented within the payment deadline, but due to the shortage in the balance, and the Defendant’s management was ultimately insolvent due to the Defendant’s debt, and even if the said company borrowed money from the damaged party, such as rehabilitation application, to the Seoul Central District Court on December 8, 2016, there was no intent or ability to pay the said money.

As above, the defendant deceivings the victim as above and is therefore affiliated with the victim, 7.5 million won in the corporate bank account (I) in the name of F on the same day under the pretext of borrowing from the victim.

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